Any Development Agreement approved under these regulations shall contain not less than the following requirements:
(a) A legal description of the land subject to the agreement and the identification of all persons having legal or equitable ownership therein.
(b) The duration of the Development Agreement, which duration shall not exceed five (5) years, but which may be extended by mutual consent of the City and the property owner.
(c) The development uses permitted on the land, including population densities, building intensities, and building height.
(d) A conceptual site plan containing information as required by Sections 1181.05 of these Development Regulations. Since a site plan is required in the land use designation in which the property will ultimately be developed, all the requirements of that site plan process and submittals shall be met prior to development.
(e) A description of the public facilities that will service the development, including designation of the entity or agency that shall be providing such to serve the project, the date by which such facilities will be constructed, and a schedule to assure public facilities shall be available concurrent with the impacts of the development. The Development Agreement may provide for a letter of credit or other surety to be deposited with the City for the construction of any new facilities that are required to be constructed alternatively, such construction may be a condition precedent to issuance of any building permits or other development permissions. In the event that new public facilities are in place and operating at the time that development permits are requested, no such letter of credit shall be necessary unless such facilities are not adequate for the project.
(f) A description of any reservation or dedication of land for public purposes. The Development Agreement shall provide specifically how the land dedication obligation for the project, if any, is to be met. In the event that land is to be conveyed to the City in discharge of the land dedication ordinance obligation, the Development Agreement will provide that such conveyance will be by warranty deed, and will be accompanied by a title insurance policy (at the expense of the property owner) in an amount not less than the fair market value of the land.
(g) A description of any other governmental approvals that are required for the project. The Development Agreement shall specifically provide that said development approvals will be obtained at the sole cost of the property owner and that, in the event any development approvals are not received, no further development of the property shall be allowed until such time as the City Council has reviewed the matter and determined whether or not to terminate the Development Agreement, or to modify it in a manner consistent with the public interest. Under these conditions, action in reliance on the Development Agreement, or expenditures in pursuance of its terms, or any rights accruing to the property owner there under shall not vest any development rights in the property owner, nor shall it constitute partial performance entitling the property owner to a continuation of the Development Agreement.
(h) A specific finding in the Development Agreement that development permitted or proposed is consistent with the City's Comprehensive Plan and the land development regulations, or if amendments are necessary to the district designations, that such Development Agreement is contingent upon those amendments being made and approved by a majority vote of the electorate.
(i) City Council may provide for any conditions, terms, restrictions, or other requirements determined to be necessary for the public health, safety, or welfare of its citizens, and such conditions, terms, or restrictions may be more onerous or demanding than those otherwise specifically required by the land development standards then existing in the City of Twinsburg, and may provide for off site improvements, screening, buffering, setbacks, building height restrictions, land coverage restrictions, and similar types of matters that would not otherwise be required of the development under existing City ordinances and regulations.
(j) A statement indicating that failure of the Development Agreement to address a particular permit, condition, term, or restriction shall not relieve the property owner of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions, and that any matter or thing required to be done under existing ordinances of the City of Twinsburg shall not be otherwise amended, modified or waived, unless such modification, amendment, or waiver is expressly in the authority of Council or Planning Commission with specific reference to the Code provision so waived, modified, or amended.
(k) At City Council's discretion, the Development Agreement may provide that the entire development or any phase thereof, be commenced or be completed within any specific period of time, and may provide for penalties in the nature of monetary penalties, the denial of future building permits, the termination of the Development Agreement, or the withholding of Certificates of Occupancy for the failure of the property owner to comply with any such requirement.
(Ord. 173-2000. Passed 12-17-00.)